Amendments to householder permitted development legislation 2013

Posted By Avalon Construction & Design on May 23rd, 2013 in category.

This article below provides background information for the 2013 amendments to householder permitted development legislation

SUMMARY:

The amendments to householder permitted development legislation will come into force on 30/05/2013. The amendments are being introduced by Statutory Instrument 2013 No. 1101 which is titled “The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013″ (pdf) (link).
Part 1 of the GPDO will be amended to allow single storey rear extensions with length up to 6m (attached houses) or 8m (detached houses) to be erected during the 3 year period from 30/05/2013 to 30/05/2016 on houses that are not on Article 1(5) land nor on a site of special scientific interest.

The process for all other works under Part 1 of the GPDO will remain the same, but anyone proposing a 3m-6m or 4m-8m extension will have to notify their local authority before starting works and provide information that includes “a written description of the proposed development” and “a plan indicating the site and showing the proposed development”.
No fee will be payable for this notification, and the overall deadline for the local authority to complete this process will be 42 days (i.e. 6 weeks).

The local authority will need to consult the immediately adjoining neighbours, giving a minimum consultation period of 21 days.
If none of the immediately adjoining neighbours objects, then the local authority will have to notify the applicant within 42 days that no objections have been received, after which the applicant can proceed to erect the extension.

If any of the immediately adjoining neighbours objects, then the local authority will have to assess the impact of the extension upon the amenity of “all adjoining premises”. To assess this impact, the local authority “may require the developer to submit such further information regarding the proposed development as the local planning authority may reasonably require in order to consider the impact of the proposed development on the amenity of any adjoining premises”. The local authority will have to either approve or refuse the application within 42 days, and in the latter case the applicant would have the right to appeal.

If the local authority fails to notify the applicant of a decision within 42 days, then the applicant can proceed to erect the extension.
Any 3m-6m or 4m-8m extension must be completed on or before 30/05/2016, and the applicant would need to notify the local authority of the completion of the extension.

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